United States v. Calabretta, No. 14-3969 (3d Cir. 2016)
Annotate this CaseCalabretta pleaded guilty to conspiracy to distribute and possess with the intent to distribute marijuana, 21 U.S.C. 841(a)(1); 841(b)(1)(B); 846, and conspiracy to launder the proceeds of drug trafficking activity, 18 U.S.C. 1956(a)(1)(A)(i); 1956(h). Calabretta was subject to a five-year mandatory minimum sentence. The PSR considered multiple prior state convictions, including a 1990 conviction for “Death by Auto” and a 1994 conviction for “Eluding in the Second Degree,” found those two convictions to constitute “crimes of violence” under U.S.S.G. 4B1.2, and designated Calabretta as a “career offender,” increasing Calabretta’s Criminal History Category and his Total Offense Level. With the career offender Guideline, Calabretta’s recommended sentencing range was 188-235 months of imprisonment; without it, his recommended range would have been 108-135 months. The court adopted the PSR’s recommendations, considered the factors set forth in 18 U.S.C. 3553(a), and imposed a sentence of 120 months. The Third Circuit vacated. In light of the Supreme Court’s 2015 decision, Johnson v. United States, the district court plainly erred in considering the state conviction for eluding to be a “crime of violence” under the Guidelines. The court noted the need to exercise discretion to correct the error because it increased the sentence without the necessary fact finding and affected the integrity of the proceedings.
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